Rodolfo Gomez Jr., 49, was acquitted after a trial in state court last summer on charges related to the same incident, which was captured on video camera.

In federal court, Gomez faces a count of 'willfully depriving an arrested subject of his civil right not to be subjected to excessive force,' according to the U.S. attorney's office.

Deron Love, a suspect in the death of his infant son, was handcuffed to a wall when he was struck by Gomez in August 2013. After the verdict, a juror said a defense expert's frame-by-frame examination of the incident's key moments put things in a different light and convinced jurors that Gomez reasonably believed he was in danger and used only the force necessary to establish control over Love.

The federal investigation revealed, 'Gomez repeatedly punched the suspect in the face and head and kneed him in the torso, all while one of the suspect's hands was handcuffed to a wall in the room. The punching and kneeing stopped when a police lieutenant who heard yelling entered the room. The indictment alleges that the force used was unreasonable and that the victim suffered bodily injury,' according to the U.S. attorney's office.

As the district attorney investigated him, Gomez applied for duty disability retirement, saying stress had left him unable to do his job. His claim was denied. Gomez did not appeal that decision.

The new case was investigated by the FBI, building upon an earlier investigation done by the Milwaukee Police Department. The case is being prosecuted by U.S. Attorney Gregory Haanstad and Assistant U.S. Attorney Mel Johnson.

Gomez is charged with violating Love's rights 'under the color of law,' meaning as a police officer. If convicted, he faces up to 10 years in prison.

Ashley Luthern and Bruce Vielmetti of the Journal Sentinel staff contributed to this report.

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